RAJAN KIRTIKUMAR RAJGOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicant has prayed to release him on bail in case of his arrest in connection with the FIR being I­CR NO. 130 of 2016 registered with Bhuj City 'A' Division Police Station, Dist.­ Kutchh for the offences punishable under Sections 465, 467, 468, 471 and 114 of the Indian Penal Code.

(2.) Learned Advocate Mr. Dave for the applicant submitted that the applicant was nowhere concerned with verifying the details in the application for licence or the documents annexed with the application. He submitted that the applicant is not alleged to have played any role in the matter of forging any documents including the service certificate based on which the driving licence were issued. He submitted that the applicant was working on contract basis to take photographs of the applicant after the application for licence was scrutinized and thereafter the license was to be issued by the concerned authority. He submitted that considering the nature of the allegations made in the F.I.R, since custodial interrogation may not be required, the court may exercise the discretion in favour of the applicant under Section 438 of the Code.

(3.) Learned APP Mr. Patel, on the other hand, submitted that the applicant was one of the persons responsible to take necessary action in connection with the application for issuance of the licence by the concerned authority. He submitted that since the investigation in connection with the F.I.R; is in progress, the Court may not exercise the discretion in favour of the applicant under section 438 of the Code.